R20-074 1 RESOLUTION NO. R20-074
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO
5 SIGN AN AGREEMENT WITH ABM BUILDING SOLUTIONS,
6 LLC.,FOR TOWN SQUARE/CITY FACILITIES MAINTENANCE
7 SERVICES; AND PROVIDING AN EFFECTIVE DATE.
8
9 WHEREAS, on July 07, 2020 the City Commission approved the recommendation
10 of the Evaluation Committee, authorized staff to conduct negotiations with the first ranked
11 firm, ABM Building Solutions, Inc. and establish a contract in accordance with the Request
12 for Qualifications (RFQ) No. 009-2511-20/RW for Town Square / City Facilities
13 Maintenance Services; and
14 WHEREAS, Approval by the City Commission will allow City staff to proceed
15 with initiating task orders to operate,maintain,and manage all the City Facilities and Grounds
16 within the Town Square project which includes City Hall/Library, Fire Station #1, Cultural
17 Center,Museum,Amphitheater,Kapok Park,and District Energy Plant; and
18 WHEREAS, the initial term of the contract shall be for five(5)years effective upon
19 date the contract is fully executed by all parties and may be extended at the same terms, and
20 conditions, for two (2) five-year renewals (exercised separately) subject to vendor
21 acceptance, satisfactory performance as determined by the Purchasing Manager, and
22 determination by the Purchasing Manager that renewal will be in the best interest of the City;
23 and
24 WHEREAS, the City Commission of the City of Boynton Beach upon
25 recommendation of staff, deems it to be in the best interest of the citizens and residents to
26 approve and authorize the City Manager to sign an agreement with ABM Building Solutions,
27 LLC for Town Square / City Facilities Maintenance Services., subject to final approval by
28 the City Attorney, in accordance with the Request for Qualifications (RFQ)No. 009-2511-
29 20/RW.
S:\CA\RESO\Agreements\Agreement with ABM Building Solutions(Facilities Maintenance Services)-Reso.docx
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
32 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed as
33 being true and correct and are hereby made a specific part of this Resolution upon adoption.
34 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
35 approves and authorizes the City Manager to sign an agreement with the first ranked firm,
36 ABM Building Solutions, LLC for Town Square / City Facilities Maintenance Services.,
37 subject to final approval by the City Attorney, in accordance with the Request for
38 Qualifications (RFQ)No. 009-2511-20/RW. A copy of the signed Agreement is attached
39 hereto and incorporated herein as Exhibit"A".
40 Section 3. That this Resolution shall become effective immediately.
41 PASSED AND ADOPTED this y ' day of August, 2020.
42 CITY OF BOYNTON BEACH, FLORIDA
43 YES NO
44
45 Mayor—Steven B. Grant
46
47 Vice Mayor—Ty Penserga
48
49 Commissioner—Justin Katz
50
51 Commissioner—Woodrow L. Hay
52
53 Commissioner—Christina L. Romelus ✓
54
55 VOTE
56 ATTEST:
57
58 4.)130..4.._
59 C stat Gibson, MMC...,:
60 City Clerk �, t l (),1
. •*t,p.. . • `
62
,'G
63 (Corporat%$eil)
1920
S:\CA\RESO\AgreemeritS\Agreement wwil M$uilding Solutions(Facilities Maintenance Services)-Reso.docx
Gccv OA
("P...-\\
° u°A. 1 44-
rot', 0
"CONTRACT NO. 009-2511-20/RW"
FOR
"TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES"
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred
to as "City", and ABM Building Solutions, LLC., 3260 NW 23rd Ave., Suite 100E, Pompano
Beach, FL 33069, hereinafter referred to as "Contractor", in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton
Beach solicited proposals for a non-exclusive Contract to perform professional services
with a Contractor, and
WHEREAS, THE City issued a Request for Qualifications for "TOWN
SQUARE/ CITY FACILITIES MAINTENANCE SERVICES, RFQ No. 009-2511-20/RW;
and
WHEREAS, RFQ No. 009-2511-20/RW defined the Scope of Services as
TOWN SQUARE/ CITY FACILITIES MAINTENANCE SERVICES; and
WHEREAS, the CITY determined that Contractor is qualified to perform the scope
of services set forth in the Request for Qualifications; and
WHEREAS, the City Commission on July 07, 2020, determined that Contractor
is qualified for appointment to perform the scope of services set forth in the Request for
Qualifications; and
WHEREAS, the City Manager's administrative staff, has successfully negotiated an
Agreement with Contractor defining terms and conditions for the performance of
maintaining the municipal facilities and grounds services within the scope of the Request
for Qualifications.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein,
the parties agree as follows:
ARTICLE 1 - SERVICES
1 . 1 Contractor agrees to perform Services Maintaining the Municipal Facilities
and Grounds during the term of this Agreement as more specifically set forth
in Attachment "A" Scope of Services and Attachment "B" RFQ No.009-2511-
20/RW with Addendum I and 2, which are made a part of this Agreement,
including the provision of all labor, materials, equipment and supplies. The
Contractor will develop scopes of work and verification protocols to maintain
RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-1
performance standards required at all facilities, inclusive of necessary
capital planning and upgrades to existing facilities.
It is the intent of the City for the Contractor to furnish all materials, labor,
supervision, equipment, supplies, fees, expertise, and services for the
municipal facilities and grounds on an as needed basis for projects as
requested per each task order.
The Contractor will be expected to submit a competitive proposal for the
award of the task order.
The function of the Contractor will be turn-key, including fees, permits and
licensing as necessary. The Contractor will work with Facilities,
Development, and Utilities Department to review project sites and product
specifications. Task orders at this time are not defined, but will be
miscellaneous in scope and of varied sizes and complexities as required by
the City. The City reserves the right to require Payment and Performance
Bonds (P&P) on any project, provided the Contractor is notified of the intent
during the solicitation process, or the City is willing to absorb the actual
cost of the P&P bonds after award. When required, the P&P must be filed
by the Contractor before any Notice to Proceed will be issued by the City.
The Contractor will be responsible for providing all of the material, labor,
equipment, vehicles, tools and services necessary for the City's projects.
The Contractor will also be responsible for the quality of all work performed
by any and all employees and sub-contractors. The Contractor's
responsibilities may include advising city staff, securing the property,
providing temporary utilities on site, managing personnel on site, providing
site surveying and engineering, disposing or recycling of construction waste,
monitoring schedules and, and maintaining accurate records. The
Contractor will be responsible to protect all interior and exterior of the City's
property during construction, and making any necessary repairs as a result
of construction. The Contractor will be responsible for scheduling the drop-
off, emptying and picking up of all dumpsters. The contractor will be
responsible for all dumpster fees.
The Department may arrange a site visit or a pre-bid meeting where a
general overview of existing infrastructure will be discussed. Specifications
and Drawings may be provided based on the Department's desire of specific
products. Before any work is performed, the Contractor shall obtain all the
permits necessary as applicable from the appropriate state or county
agencies. When the work is completed the Contractor shall obtain final
release or clearance as applicable from the appropriate agencies.
The Contractor may be permitted to subcontract portions of the work to
competent sub-contractors. The percentage of the work that the
Contractor may subcontract will be identified per Task Order
solicitation. The sub-contractors are the responsibility of the Contractor
and not the City. All sub-contractors performing work for the City shall
be duly licensed prior to commencement of any work during the
RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-2
I
contract period. The Contractor shall be fully responsible to the City for
acts and omissions of the sub-contractors and persons employed by
them, as they are for acts and omissions of persons directly employed
by the, as they are for acts and omissions of persons directly employed
by them.
Any work or service to be performed by a sub-contractor must have the
prior approval of the City Project representative. The City reserves the
right to approve, disapprove or dismiss any sub-contractors with
reasonable cause. Rejection of any sub-contractor shall not entitle the
successful bidder adjustment of bid prices.
The Contractor shall inform the City's Project representative prior to
scheduling any sub-contractor's visit to any City facility. Failure by the
Contractor to have a sub-contractor approved by the City will not relieve
the Contractor of the responsibility to meet, comply with, and fulfill all of
the terms and conditions of this solicitation and subsequent solicitations.
QUARTERLY REVIEW
Quarterly reviews will be performed with the Contractor on the
procedures, progress, and performance of the Town Square / City
Facilities Maintenance Services Contract
CHANGE ORDERS The contractor shall notify the Project Manager
immediately with any changes or discrepancies to the project, and an
email for a change order with pricing shall be submitted to the Project
Manager within 48 hours (2 days).
PERFORMANCE The Contractor shall perform and comply with all
agreements, obligations and conditions contained in this agreement on an
as needed basis for projects as requested per each task order and
mutually agreed upon performance measures and provisions contained in
each task order.
The City's Representative during the performance of the Contract shall be
Andrew Mack, Director of Public Works & Engineering, telephone (561) 742
— 6201; Email: MackA@bbfl.us.
The Contractor's Representative during the performance of the contract shall
be Michael Houda, telephone 954-531-9341; Email:
michael.houda@abm.com.
ARTICLE 2 — TERM
2.1 The initial term of the contract shall be for five (5) years effective upon date the
contract is fully executed by all parties. The City of Boynton Beach Purchasing
Manager in consultation with the Finance Director may extend the agreement at the
same terms, and conditions, for two (2) five-year renewals (exercised separately)
subject to vendor acceptance, satisfactory performance as determined by the
Purchasing Manager, and determination by the Purchasing Manager that renewal
RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-3
will be in the best interest of the City. An increase in cost of less than 3% for each
extension may be approved by the City administration and does not require
Commission approval.
ARTICLE 3 - TIME OF PERFORMANCE
3.1 Work under this Contract shall commence on written notice by the City to the
Contract by way of a purchase order executed by the CITY. Contractor shall
perform all services and provide all work product required pursuant to this
Agreement within the time period set forth in the purchase order, unless an
extension of time is granted in writing by the City.
ARTICLE 4 - PAYMENT
4.1 The City will pay the CONTRACTOR shall be paid by the City for performance
of the work performed under each solicitation, or task order that is completed
in accordance with the solicitations, or task orders at the lump sum or unit
prices presented by the CONTRACTOR and accepted by the City.
a. Payment for the work provided by CONTRACTOR shall be made
promptly on all invoices submitted to the City properly, provided that
the total amount of payment to CONTRACTOR shall not exceed the
total contract price without express written modification of the
Agreement signed by the City Manager or her designee.
b. The CONTRACTOR may submit invoices to the City once per month
during the progress of the work for partial payment for project
completed to date. Such invoices will be reviewed by the City, and
upon approval thereof, payment will be made to the CONTRACTOR in
the amount approved within thirty (30) days.
c. Final payment of any balance due the CONTRACTOR of the total
contract price earned will be made promptly upon its ascertainment
and verification by the City after the completion of the work under this
Agreement and its acceptance by the City.
d. Payment as provided in this section by the City shall be full
compensation for work performed, services rendered and for all
materials, supplies, equipment and incidentals necessary to complete
the work.
e. The CONTRACTOR'S records and accounts pertaining to this
agreement are to be kept available for inspection by representatives of
the City and State for a period of three (3) years after the termination
of the Agreement. Copies shall be made available upon request.
ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS
RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-4
1
5.1 Upon completion of the project and final payment to Contractor, all
documents, drawings, specifications and other materials produced by the
Contractor in connection with the services rendered under this agreement
shall be the property of the CITY whether the project for which they are made
is executed or not. Notwithstanding the foregoing, the Contractor shall
maintain the rights to reuse standard details and other design copies,
including reproducible copies, of drawing and specifications for information,
reference and use in connection with Contractor's endeavors. Any use of the
documents for purposes other than as originally intended by this Agreement,
without the written consent of Contractor, shall be at the City's sole risk and
without liability to Contractor and Contractor's sub-contractor.
ARTICLE 6 - FUNDING
6.1 This Agreement shall remain in full force and effect only as long as the
expenditures provided in the Agreement have been appropriated by the City
in the annual budget for each fiscal year of this Agreement, and is subject to
termination based on lack of funding.
ARTICLE 7 - WARRANTIES AND REPRESENTATIONS
7.1 Contractor represents and warrants to the City that it is competent to engage
in the scope of services contemplated under this Agreement and that it will
retain and assign qualified professionals to all assigned services during the
term of this Agreement. Contractor's services shall meet a standard of care
for professional engineering, architectural and related services no less than
the standard of care for engineering, architectural and construction
professionals practicing under similar conditions. In submitting its response
to the RFQ, Contractor has represented to CITY that certain individuals
employed by Contractor shall provide services to CITY pursuant to this
Agreement. CITY has relied upon such representations. Therefore,
Contractor shall not change the designated Project Manager for any project
without the advance written approval of the City, which consent may be
withheld in the sole and absolute discretion of the City. Notwithstanding the
foregoing, with regard to equipment and goods manufactured by third parties,
Contractor's sole obligations with regard to defects shall be to extend to CITY
the benefits of any warranty Contractor has received from the manufacturer
and to act on behalf of the CITY for purposes of processing any warranty
claims against applicable manufacturers within a reasonable timeframe. Such
obligation includes only administrative processing and not enforcement or
litigation and Contractor shall not be liable for the failure of any third party
manufacturer warranties for any reason.
ARTICLE 8 - COMPLIANCE WITH LAWS
8.1 Contractor shall, in performing the services contemplated by this service
Agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered
under this Agreement.
RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-5
ARTICLE 9 - INDEMNIFICATION
9.1 Contractor shall indemnify, defend and hold harmless the CITY, its offices,
agents and employees, from and against any and all claims, losses or liability,
or any portion thereof, including reasonable attorney's fees and costs, arising
from injury or death to persons, including injuries, sickness, disease or death
to Contractor's own employees, or damage to property caused by a negligent
act, omission or failure of the Contractor. Neither party to this Agreement shall
be liable to any third party claiming directly or through the other respective
party, for any special, incidental, indirect or consequential damages of any
kind, including but not limited to lost profits or use that my result from this
Agreement or out of the services or goods furnished hereunder.
ARTICLE 10 - INSURANCE
10.1 During the performance of the services under this Contract, Contractor shall
maintain the following insurance policies and shall be written by an insurance
company authorized to do business in Florida.
10.1.1 Worker's Compensation Insurance: The Contractor shall procure
and maintain for the life of this Contract, Worker's Compensation
Insurance covering all employees with limits meeting all applicable
state and federal laws. This coverage shall include Employer's
Liability with limits meeting all applicable state and federal laws. This
coverage must extend to any sub-contractor that does not have their
own Worker's Compensation and Employer's Liability Insurance. The
policy must contain a waiver of subrogation in favor of the City of
Boynton Beach, executed by the insurance company.
10.1.2 Comprehensive General Liability: The Contractor shall procure and
maintain for the life of this Contract, Comprehensive General Liability
Insurance. This coverage shall be on an "Occurrence" basis.
Coverage shall include Premises and Operations; Independent
Contractors, Products Completed Operations and Contractual Liability
with specific reference of Article 7, "Indemnification" of this Agreement.
This policy shall provide coverage for death, personal injury or
property damage that could arise directly or indirectly from the
performance of this Agreement. Contractor shall maintain a minimum
coverage of
$1,000,000 per occurrence and $1,000,000 aggregate for personal
injury/ and $1,000.000 per occurrence/aggregate for property
damage. The general liability insurance shall include the City as an
additional insured and Contractor shall prohibit cancellation of the
policy upon thirty (30) days prior written notice to the CITY.
10.1.3 Business Automobile Liability: The Contractor shall procure and
maintain, for the life of this Contract, Business Automobile Liability
Insurance. The Contractor shall maintain a minimum amount of
$1,000,000 combined single limit for bodily injury and property
RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-6
damage liability to protect the Contractor from claims for damage for
bodily and personal injury, including death, as well as from claims for
property damage, which may arise from the ownership, use of
maintenance of owned and non-owned automobile, included rented
automobiles, whether such operations be by the Contractor or by
anyone directly or indirectly employed by the Contractor .
10.1.4 Professional Liability (Errors and Omissions) Insurance: The
contractor shall procure and maintain for the life of this Contract in the
minimum amount of $1,000,000 per occurrence.
10.2 It shall be the responsibility of the contractor to ensure that all sub-contractors
comply with the same insurance requirements referenced above.
10.3 In the judgment of the CITY, prevailing conditions warrant the provision by
the Contractor of additional liability insurance coverage or coverage which is
different in kind, the City reserves the right to reasonably request the
provision by Contractor of an amount of coverage different from the amounts
or kind previously required and shall afford written notice of such requested
change in requirements thirty (30) days prior to the date on which the
requirements shall take effect. Should the parties fail to mutual agree to the
requirement of changed coverage within the thirty (30) days following the
City's written notice, the CITY, at its sole option, may terminate the Contract
upon written notice to the Contractor, said termination taking effect on the
date that the required change in policy coverage would otherwise take effect.
10.4 Contractor shall, for a period of two (2) years following the termination of
the Agreement, maintain a "tail coverage" in an amount equal to that
described above for Comprehensive Liability Insurance on a claim- made
policy only.
ARTICLE 11 - INDEPENDENT CONTRACTOR
11.1 Contractor is an independent contractor with respect to the services
provided pursuant to this Agreement. Nothing in this Agreement shall
be considered to create the relationship of employer and employee
between the parties hereto. Neither Contractor nor any employee
of Contractor shall be entitled to any benefits accorded City employees
by virtue of the services provided under this Agreement. The CITY
shall not be responsible for withholding or otherwise deducting federal
income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with
respect to Contractor, or any employee of Contractor.
ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES
12.1 The Contractor warrants that he has not employed or retained any company
or person, other than a bonafide employee working solely for the Contractor,
to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for
the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any
RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-7
I
other consideration contingent upon or resulting from the award or making of
this Agreement. For breach or violation of this warranty, the City shall have
the right to annul this Agreement without liability or, in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount
of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
ARTICLE 13 — TRUTH-IN-NEGOTIATION CERTIFICATE
13.1 Execution of this Agreement by the Contractor shall act as the execution of
a truth in-negotiation certificate certifying that the wage rates and costs used
to determine the compensation provided for in this Agreement is accurate,
complete, and current as of the date of the Agreement and no higher than
those charged the Contractor's most favored customer for the same or
substantially similar service.
13.2 The said rates and cost shall be adjusted to exclude any significant sums
should the CITY determine that the rates and costs were increased due to
inaccurate, incomplete, or non-current wage rates or due to inaccurate
representations of fees paid to outside contractors. The City shall exercise
its rights under this "Certificate" within one (1) year following payment.
ARTICLE 14 - DISCRIMINATION PROHIBITED
14.1 The Contractor, with regard to the work performed by it under this Agreement,
will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
ARTICLE 15 - ASSIGNMENT
15.1 The Contractor shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CITY.
ARTICLE 16 - NON-WAIVER
16.1 A waiver by either CITY or Contractor of any breach of this Agreement shall
not be binding upon the waiving party unless such waiver is in writing. In the
event of a written waiver, such a waiver shall not affect the waiving party's
rights with respect to any other or further breach. The making or acceptance
of a payment by either party with knowledge of the existence of a default or
breach shall not operate or be construed to operate as a waiver of any
subsequent default or breach.
ARTICLE 17 — TERMINATION
17.1 Termination for Convenience: This Agreement may be terminated by either
party for convenience, upon thirty (30) days of written notice by the
terminating party to the other party for such termination in which event the
Contractor shall be paid its compensation for services performed to
termination date, including services reasonably related to termination. In the
RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-8
event that the Contractor abandons the Agreement or causes it to be
terminated, Contractor shall indemnify the CITY against loss pertaining to this
termination.
ARTICLE 18 - DISPUTES
18.1 Any dispute arising out of the terms or conditions of this Agreement shall be
adjudicated within the courts of Florida. Further, this Agreement shall be
construed under Florida Law.
ARTICLE 19 — UNCONTROLLABLE FORCES
19.1 Neither the CITY nor Contractor shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to
Uncontrollable Forces, the effect of which, by the exercise of reasonable
diligence, the non-performing party could not avoid. The term
"Uncontrollable Forces" shall mean any event which results in the prevention
or delay of performance by a party of its obligations under this Agreement
and which is beyond the reasonable control of the non- performing party. It
includes, but is not limited to fire, flood, earthquakes, storms, lightning,
epidemic, war, riot, civil disturbance, sabotage, and governmental actions.
19.2 Neither party shall, however, be excused from performance if non-
performance is due to forces which are preventable, removable, or
remediable, and which the non-performing party could have, with the exercise
of reasonable diligence, prevented, removed, or remedied with reasonable
dispatch. The non-performing party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and
uncontrollable forces preventing continued performance of the obligations of
this Agreement.
ARTICLE 20 - NOTICES
Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Attn: Lori LaVerriere, City Manager
100 East Ocean Avenue
Boynton Beach, FL 33435
Notices to Contractor shall be sent to the following address:
Firm Name: ABM Building Solutions, LLC.
Attn: Chad Armstrong
3260 NW 23rd Ave., Suite 100E
Pompano Beach, FL 33069
Tel: 954-531-9341
Fax: 813-361-0796
Email: chad.armstrong@abm.com
RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-9
ARTICLE 21 - INTEGRATED AGREEMENT
21.1 This Agreement, together with the RFQ and any addenda and/or
attachments, represents the entire and integrated agreement between the
CITY and the Contractor and supersedes all prior negotiations,
representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both CITY and Contractor.
ARTICLE 22 - SOVEREIGN IMMUNITY
22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign
immunity. Nothing in the Agreement is intended, nor shall be construed or
interpreted, to waive or modify the immunities and limitations on liability
provided for in Section 768.28, Florida Statute, as may be emended from
time to time, or any successor statute thereof. To the contrary, all terms
and provisions contained in the Agreement, or any disagreement or dispute
concerning it, shall be construed or resolved so as to insure City of the
limitation from liability provided to any successor statute thereof. To the
contrary, all terms and provision contained in the Agreement, or any
disagreement or dispute concerning it, shall be construed or resolved so as
to insure City of the limitation from liability provided to the State's
subdivisions by state law.
22.2 In connection with any litigation or other proceeding arising out of the
Agreement, each party shall be entitled to recover its own costs and attorney
fees through and including any appeals and any post-judgment proceedings.
City's liability for costs and attorney's fees, however, shall not alter or waive
City's entitlement to sovereign immunity, or extend City's liability beyond the
limits established in Section 768.28, Florida Statutes, as amended.
1. Claims, disputes or other matters in question between the parties to this
Agreement arising out of or relating to this Agreement shall be in a court
of law. The City does not consent to mediation or arbitration for any
matter connected to this Agreement.
2. The parties agree that any action arising out of this Agreement shall take
place in Palm Beach County, Florida.
ARTICLE 23 — FLORIDA'S PUBLIC RECORDS LAW
23.1 The City is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the
Contractor shall:
23.2 Keep and maintain public records required by the City to perform the service;
23.3 Upon request from the City's custodian of public records, provide the City with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statue or as otherwise provided by law;
RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-10
23.4 Ensure that public records that are exempt or that are confidential and exempt
from public record disclosure requirements are not disclosed except as
authorized by law for the duration of the contact term and, following
completion of the contract, Contractor shall provide copies of such confidential
and exempt records remaining in its possession once the Contractor transfers
the records in its possession to the City; and,
23.5 Upon completion of the contract, Contractor shall transfer to the CITY, at no
cost to the City, all public records in Contractor's possession. All records
stored electronically by Contractor must be provided to the City, upon request
from the City's custodian of public records, in a format that is compatible with
the information technology systems of the City.
23.6 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THECONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 EAST OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
561-742-6061
GIBSONC(c�BBFL.US
ARTICLE 24. SCRUTINIZED COMPANIES 287.135 and 215.473.
24.1 By execution of this Agreement, in accordance with the requirements of F.S.
287-135 and F.S. 215.473, Contractor certifies that Contractor is not
participating in a boycott of Israel. Contractor further certifies that Contractor
is not on the Scrutinized Companies that Boycott Israel list, not on the
Scrutinized Companies with Activities in Sudan List, and not on the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or has Contractor been engaged in business operations in Syria. Subject
to limited exceptions provided in state law, the City will not contract for the
provision of goods or services with any scrutinized company referred to
above. Submitting a false certification shall be deemed a material breach of
contract. The City shall provide notice, in writing, to Contractor of the City's
determination concerning the false certification. Contractor shall have five
(5) days from receipt of notice to refute the false certification allegation. If
such false certification is discovered during the active contract term,
Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination of false
certification was made in error. If Contractor does not demonstrate that the
City's determination of false certification was made in error then the City shall
have the right to terminate the Agreement and seek civil remedies pursuant
to Section 287.135, Florida Statutes, as amended from time to time.
RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-11
"This Agreement will take effect once signed by both parties. This Agreement may
be signed by the parties in counterparts which together shall constitute one and the same
agreement among the parties. A facsimile signature shall constitute an original signature
for all purposes."
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on
the day and year set forth below their respective signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
DATED this I 1 day of a xuL.4)-Q__
9,..06 _ , 2020.
CITY OF BOYNTON BEACH ABM Building Solutions, LLC.
044/
Lori LaVerrier ity Manager C► -,.0..A -'1�� , G aI Manager
/..
Attest/Authenticated:
n x
eoYN
o�
: -4
'irk:3-r_ <' (Corporate Seal)
Cit / lerk
Approved as to Form: Attest/Authenticated:
/ /
I", /ti/A(/ .ie_ , �i� /
0 :- of the City Attorney itn-s
RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES
C-10
ATTACMENT "A"
SCOPE OF SERVICES
1. BACKGROUND
The City of Boynton Beach, located in Palm Beach County, Florida, is a full-service municipality
serving a population of 75,000 citizens.
The City currently operates and maintains municipal buildings at various locations within the
City's 16.5 square mile boundary. These include Police and Fire facilities, Recreation buildings,
City Hall, and other City owned facilities.
2. OBJECTIVES
All services shall include all necessary labor charges, tools, fuel, equipment and materials
delivered and installed in accordance with N.F.P.A, local and State regulations, ASHRE, OSHA
and District Master Specifications
2.1 Ongoing Facilities Management:
The City currently operates, maintains, and manages the Municipal Facilities and Grounds with
a combination of City personnel and contractors. The selected Contractor will develop a
comprehensive facilities management program to efficiently and cost effectively operate and
maintain all City Facilities, including routine, preventative and on-call facility maintenance and
management services. The service contracts resulting from this RFQ will require the Contractor
to provide all operations and maintenance staff and be responsible for the following:
2.1.1 Janitorial and Maintenance Staffing
The Contractor shall provide enough supervised staff for all aspects of facility
management, cleaning and maintenance, and for all costs including hiring, training, and
administering all personnel-related issues to complete the maintenance requirements at
all City Facilities. Additionally, service levels shall provide the ability to respond
immediately to situations involving the health and safety of employees or the public;
comfort and operational capability of any public meeting space. Contractor shall also
provide a full-time Manager.
2.1.2 Vehicles
Contractor shall furnish and maintain Contractor owned vehicles and light duty service
trucks to carry on daily operations. Contractor shall also be responsible to provide fuel
for these vehicles.
2.1.3 Equipment
Contractor shall be responsible for the acquisition, maintenance and repair of all
equipment needed to perform the scope of work contracted by the City.
Page i 13
2.1.4 Supplies and Inventory Control
Contractor shall be required to assist the City with the procurement and inventory control
of all supplies and materials required to operate and maintain the municipal facilities and
grounds. Contractor shall be responsible for the safe storage of all materials and
equipment. The Contractor will be required to provide a formal theft prevention plan.
2.1.5 Litter Control
The Contractor shall retrieve and dispose of all litter and debris on a daily basis. This
shall include constant monitoring of the grounds during the hours of operation and
disposing of all litter and debris as needed.
2.1.6 Electrical Systems Maintenance
The Contractor shall provide highly skilled licensed labor capable of maintaining all
electrical systems Citywide. Will require a plan for annual: testing of all switch gear,
infrared scans on all electrical components and generator load bank tests. Contractor
shall provide a written PM program and provide performance reports.
2.1.7 Heating-Ventilation-Air Conditioning (HVAC) Maintenance and Monitoring
HVAC services shall be provided without interruption throughout City Facilities. The
Contractor's maintenance and operations responsibility for HVAC service always
extends throughout all mechanical systems within the facilities and that heating
ventilating or air conditioning service is required. All cleaning, testing, full-service
maintenance shall be done at Contractor's sole cost and expense.
2.1.8 Landscape Maintenance
The Contractor will be responsible for all maintenance of the exterior grounds of the
facilities, including signage, landscaping, parking lot lightning and parking areas, the
grass, mulch and shrubs must always be maintained and/or replaced to enhance the
current landscaping theme. The Contractor will be responsible for providing all
equipment necessary including but not limited to blowers, mowers, weed-eaters, rakes,
shovels, and other equipment and supplies. The Contractor shall have a state pesticide
license. Contractor shall also be responsible for performing monthly wet checks of
irrigation systems including routine repairs.
2.1.9 Other Facilities Services
Contractor and City of Boynton Beach may agree to contract other facility-related service
or product the Contractor feels might be beneficial to City
2.2 Capital Improvements Planning, Management and Sustainability:
The City intends that the selected Contractor will play a key role in both the development and
management of the ongoing capital improvements planning and management process for the
municipal facilities and grounds, including participation in the City's sustainability plan as it
relates to the City's facilities and grounds.
If included, the Contractor will be required to guarantee the development and installation to
perform to specific parameters in regard to the environment and the cost of operating the
system, including:
Page 1 14
2.2.1 Development Costs
The Contractor will guarantee the cost of development and engineering services
2.2.2 Construction Costs
The Contractor will develop a firm maximum price for any capital or sustainability
upgrades to be performed
2.2.3 Performance of Systems
The Contractor will develop performance parameters acceptable to the City and
guarantee the performance of systems
2.2.4 Guaranteed Savings
The Contractor will guarantee savings and perform measurement and verification to
validate savings are achieved
2.2.5 Investment Grade Audit (IGA)
Contractor will conduct an Investment Grade Audit (IGA) of City Facilities. This will
include development of forward looking 15-year capital plans for non-routine repairs and
equipment replacement that is required to maintain efficient operations. The IGA will also
include development of various sustainability measures, including but not limited to
water conservation and energy savings.
If the Investment Grade Audit confirms that there are guaranteed savings to be
achieved, the City will either compensate Contractor for the IGA or will enter into an
agreement with Contractor to implement upgrades to increase energy efficiency and
equipment reliability, in order to fund the necessary improvements in City facilities.
2.2.6 Financing
The financial solution will be budget neutral for a term not to exceed 15 years,
Contractor will suggest sources of funds in collaboration with the City.
Page 1 15